Strait of Juan de Fuca, customs
by Andrew Malinak
[Originally published in Please Tap on the Glass at USMS Blogs on 18 July 2013.]
As the more astute among have realized by now, there are international borders to be crossed in this swim. In fact, the question I get more often than “Where is that?” (get a map!) or “With a wet suit, right?” (glare…no) is “Do you have to carry your passport?” Yes. Yes I do.
This is a long post, and you can blame Congress for that. Things got way tricky in 2002 as the Department of Homeland Security came onto the scene. Also, having the Canadian Navy sail into my path, megaphone in hand, shouting, “soorry to bother you, but if you could please stop swimming, we’d like to arrest you, if that’s alright,” would get in the way of Goal Number Two. Rule following is key.
At the beginning of April, I took a scouting trip to Port Angeles to look for boats, look for access to the finish locations, and chat up the folks at the Customs and Border Patrol (CBP). Fortunately, Port Angeles is a port of entry into the US, so they’ve got a customs house that handles the occasional ferry passengers and cargo ships entering via the local port. Even more fortunately, the port is relatively small, so getting in touch with the Port Director is pretty easy (far easier than it was when I tried calling the Miami port, for example). So, we chatted.
After I got Port Director Dan to believe that I was actually planning something legitimate, we began talking details. Apparently, every commercial vessel (defined as anyone for hire, including my escort boat) is subject to some amazingly complex requirements for entry into the US. This includes things such as the 24-hour Electronic Manifest Rule using the Automated Commercial Environment, and International Carrier Bonds (ICB) for Non-Vessel Operating Common Carriers. After much research (look up 67 FR 66318 and 19 CFR 4.7 (b)(3)(i) if you want extra credit), I finally understood the ICB was a major reason I was having difficulty finding a cheap boat option. The ICB is a $50,000 bond to be used in the event any you get any fines from the CBP, which by this stage I was certain we inadvertently would.
Obtaining the bond was priced by one captain as about $1,000, and that was if I went through the commercial launch previously described (total now at $5,000 for that boat), and it was way, way over budget to ask a one man show, such as Captain Charles, to get. I reached out to the swimming community for help on this issue and got nothing. I even called the Port of Miami (the port that covers where those Cuba swimmers would land) to see what they were requiring, and got nothing. At a dead end, I talked some more with Port Director Dan and he agreed to use his power to waive the requirement “just this once.” I suspect he’d waive it again though, if you ask nicely. And if I don’t mess things up for you.
To wrap things up, Dan told me that while technically I was supposed to call into the Port before setting foot on land, he’d send someone out to the beach to meet me. I offered at first to drive over to the Port to check in, but seeing as I could easily do my secret dealings between the beach and Port (they’re called Budgie Smugglers for a reason), he insisted to meet me at the beach. Which is AMAZING! Goal Number One: start the swim. Goal Number Two: picture of me handing my passport to a CBP agent on the beach. Can’t wait!
But we haven’t even gotten o the start of the swim yet. Getting into Canada is easier, luckily. First, the US and Canada have a pretty decent relationship citation needed. Second, Canada has actually managed to use technology to simplify the border clearance prOcess rather than using technology to make a simple thing cumbersome and convoluted. A while back, Canada started a pre-clearance program, CANPASS, which eventually would merge with NEXUS (the joint Canada/US program). Most travelers use the NEXUS program, but some, especially private boat and aircraft passengers, can still use CANPASS, which only involves the Canadian Border Service Agency (CBSA). With CANPASS, you call ahead en route to check in and the CBSA can decide to meet you for inspection at the port of entry or not, and you’re set to go. Real simple.
Again, I’m looking to avoid calling into Victoria. That’s an exercise that would add about 3 hours to an already very early morning. Luck would have it, a friendly CANPASS agent told me on the phone it should be fine to just head straight to the beach as long as we all had CANPASS since no one would really be touching shore (except me, for all of 8 seconds). So I got my crew all signed up and we’re ready to go.
(Quick shout out to Donna at the CANPASS application office in Surrey, BC. Donna actually called me several times to make sure I was sending in some paperwork I forgot, and to personally give me status updates on the applications. Customer service from a government agency? Only in Canada.)
This was not what I expected to be doing when I envisioned this swim. I was thinking tides, currents, and boat traffic. Not reading the CFR. It appears far less complicated now, sitting here in mid-July, than it appeared in April. I admit I made it harder than it had to be since I’ve been striving for transparency and legality, but I really don’t want to spoil it for everyone else.
If you’re serious about making a trip across, let me know and I’ll get you to the right people. Names and phone numbers and everything.